Rights and Critiques:
The shift of the colonial world to decolonization gives us many assumptions about the application of human rights i.e., subordinated practices against human rights of the non-western world and treating them as a lesser child of God to no more suffering of the poor in the world of globalization1. Likewise, I considered decolonization as the world shifting to give equal rights to all. Over a due course of time, my perception changed and now I can say that forces of coercive domination and oppression exist in different forms and structures in the contemporary world.2 Eurocentric domination and imperialism still exist to rule over the non-western world.3 This idea highlights that human rights deviate from its goal of equality for all. After studying post-colonial critique, my perception of the decolonized world and equality of human rights now shifted to the idea that the international instruments of rights are developed without any concern to address the inequities that arise due to the colonial situation.4 I further take into consideration, how the inequalities of human rights arise from the civilizing mission depicts a new version of western imperialism in contemporary society, particularly in the non-western world.5
Among all other critiques, I consider post-colonial critique as being successful to point out injustices in the non-western world and expose the meaning of equality of rights for the east or global south.6 To unpack the idea of domination of human rights by the west in the world of rights is better understand by the political discourse of the globalized world where we ca seen the growth of political institutions and legal documents does not end inequalities of human rights but rather, continual oppression and “hurry for war” thus, a result extinguishment of humans for human rights.7 This idea is supported by US attacks on countries Iraq, and other is a serious violation of human rights and still ongoing injustices to abolish humans in the name of protection of humanity.8 Secondly, the overall achievement of human rights is doubtful because of the logic that who is speaking for human rights; countries who remained in fearsome wars of humankind and fought two world wars that traumatized the history of humankind. The impact of World War II on Hiroshima and Nagasaki witnessed deep-rooted damage to humanity and still dealing with past injustices of human rights.
Thirdly, the Postcolonial world is considered the age of rights for all but I doubt it because, in theory, it speaks the language of human rights common standard for all and at the same time excludes many colonized and racialized people including women.9 UDHR is developed by considering the norms of western society and more precisely, I believe that it is a Eurocentric approach because the basic human rights text is inspired by the American Bill of Rights and the French Declaration of Rights of Man.10 There is no understanding that anything related to human rights has been taken or developed by considering the context of African, Asian, Islamic, Buddhist, Hindu, or any other non-European traditions.11 Moreover, post-colonial critique highlighted human rights reject pluralism and diversity of cultures rather than prefer the transformation of non-western culture into western culture. For example, the African continent is the best example of proselytization where the entry of religion and culture of a white man came with imperial colonial power.
Post-colonial critique support and expand the concept of early critique of the idea of human rights being exclusive by showing that human rights are nurtured in the hands of those who considered that there is an obvious dissimilarity between “us” and “them” on basis of cultural backwardness and racial superiority. Contemporary international politics discuss human rights with multiple dimensions from power politics to abuse of human rights.12 Likewise, the Post-colonial critique agreed that human rights have contrary effects which make it open for more than one interpretation. I stand with the idea that the struggle for a better world is in progress to ensure a progressive edge of human rights. it could be an invitation to engage in evolution and change and expand the scope of human rights to achieve its goal.13 However, at one end human rights still struggle to achieve the essentials, which are important for the survival of human being such as lack of excess water in developing and developed countries.14
In this module, I have learned different approaches to international human rights other than the traditional approach of the utopian concept of human rights, which is more in theory rather than in practice. My understanding of human rights to achieve the goal of equality means accepting differences and appreciating them to provide inclusive world for everyone. It is possible by providing space for the rights of the non-western world in international politics and international bill of rights. Otherwise, excluding the third world and global south from the world of rights and depicting the west as a civilized and champion of human rights never be able to achieve the goal of human rights in practice. To conclude, I would say that providing legal shelter for rights does not mean the empowerment of human beings but the exercise of legal inventiveness and commitment in the international bill of rights for the marginalized is thus a way to achieve human rights goals.15
Bibliography
Primary Sources:
CESCR ‘Genernal Comment 15(2002).
Secondary Sources:
Books
Mutua M, Human Rights: A Political and Culture Critique (University of Pennsylvania Press-.
Moeckli D and others, ‘Critiques’ Marie-Bénédicte Dembour (ed), In International Human Rights Law (4th edn OUP 2022)
Stammers N ‘Human Rights and Social Movements’ (Pluto Press 2009) ch 8.
Wright S, International Human Rights, Decolonisation and Globalisation (Taylor and Francis Group 2001) 1
Journal Article:
Brydon D, ‘Postcolonial and Global Approaches to Human Rights’ (Globalization and Cultural Studies 2012) .
Khawaja N, ‘Human Rights Violation Under US Occupation: An Analysis’ - Pakistan Institute of International Affairs 59, 83 < https://www.jstor.org/stable/->.
Gready P, ‘The Politics of Human Rights’ (2003) 24 Third World Quarterly 745.
Garcia Meckled S, Bashak Kali 'The Legalization of Human Rights' (Taylor & Francis Group-